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Town Planning Assessment Report
ADAPT TOWN PLANNING » DEVELOPMENT MANAGEMENT DEVELOPMENT APPLICATION MATERIAL CHANGE OF USE FOR A DWELLING HOUSE 178 DAVIS ROAD, COOTHARABA LOT 7 ON SP115866 PREPARED FOR: PAUL AND JANELLE DESOUZA JULY 2022
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CONTENTS
1.0 SUMMARY 3
1.1 EXECUTIVE SUMMARY 3
1.2 DEVELOPMENT APPLICATION DETAILS 3
1.3 PLANNING INSTRUMENT DETAILS 3
1.4 REFERRAL AGENCIES 4
1.5 PRE LODGEMENT MEETING 4
2.0 SITE DETAILS 5
2.1 SITE DESCRIPTION 5
3.0 PROPOSED DEVELOPMENT DETAILS 7
4.0 STATE PLANNING INTERESTS 9
4.1 STATE PLANNING POLICY (SPP) 9
4.2 REGIONAL PLAN 9
4.3 STATE REFERRAL 9
4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP) 9
4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION 9
5.0 PLANNING ASSESSMENT 10
5.1 PROPOSED USE 10
5.2 TABLE OF ASSESSMENT 10
5.3 PLANNING SCHEME CODES 11
5.3.1 RURAL ZONE CODE 11
5.3.2 LOW DENSITY HOUSING CODE 15
5.3.3 EARTHWORKS CODE 15
5.4 PLANNING SCHEME OVERLAYS 16
6.0 SUPPORTING INFORMATION 18
7.0 CONCLUSION 19
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1.0 SUMMARY
1.1 EXECUTIVE SUMMARY
The subject land is located at 178 Davis Road, Cootharaba. The subject land is located in the Rural
zone.
The applicant is applying for a Development Permit for a Material Change of Use for a Dwelling House.
The site is currently vacant. The proposed new Dwelling House will be located in the north-eastern
corner of the site.
The applicant has consulted experts in design, ecology, bushfire, geotechnical and effluent disposal.
Specialist reports and plans are attached and confirm that the proposed development complies with
local planning scheme codes and State regulations, with suitable alternative solutions provided, where
required, to satisfy all performance-based outcomes being sought.
1.2 DEVELOPMENT APPLICATION DETAILS
Table 1: Site & Proposal Details
Proposed Development: Dwelling House
Type of approval sought: Development Permit for Material Change of Use
Site Address: 178 Davis Road, Cootharaba
Real Property Description: Lot 7 on SP115866
Site Area: 11.2583ha
Assessment Manager: Noosa Council
Owner Details: Paul Francis Jean Desouza and Janelle Kay Desouza
Applicant Details: Paul and Janelle Desouza
1.3 PLANNING INSTRUMENT DETAILS
Table 2: Planning Instrument
Planning Scheme: Noosa Plan 2020
Zone: Rural
Local Plan: Not applicable
Level of Assessment: Code
Applicable Overlays: ● Agricultural land (agricultural land conservation area)
● Biodiversity, waterways and wetlands (MSES environmental
values, area of biodiversity significance, waterways, riparian
buffer area)
● Bushfire hazard (high potential bushfire intensity, medium
potential bushfire intensity, potential impact buffer)
● Flood hazard (waterways)
● Landslide hazard (moderate hazard area, high hazard area)
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1.4 REFERRAL AGENCIES
Table 3: Referrals
State Assessment Referral Not applicable
Agency:
1.5 PRE LODGEMENT MEETING
No Prelodgement Meeting was held with Council or SARA for this application.
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2.0 SITE DETAILS
2.1 SITE DESCRIPTION
The subject land is legally described as Lot 7 on SP115866 at 178 Davis Road, Cootharaba, and has a
total site area of 11.2583ha.
Table 4: Site Characteristics
Site Characteristic Description
Existing land use: The site is currently vacant.
Parking and access: The access track to the proposed Dwelling House is already
constructed.
Topography: Undulating. Refer Figure 2.
Infrastructure: Water and sewer are not available to the property. On-site effluent
disposal and water tanks will be provided to service the proposed
development. The site can be connected to electrical and
telecommunications services.
Figure 1: Aerial photo of site (Nearmap, accessed March 2022)
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Figure 2: Contours (Noosa Council, accessed May 2022)
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3.0 PROPOSED DEVELOPMENT DETAILS
This application seeks a Development Permit for a Material Change of Use of premises to establish a
Dwelling House in accordance with the attached Proposal Plans prepared by Sarah Waller
Architecture.
3.1 BUILT FORM
The development proposes a new single storey Dwelling House in the north-eastern rear corner of the
site. The proposal comprises four bedrooms, three ensuites, one bathroom, a powder room, a study,
living, dining, kitchen, butler’s pantry, cool room cellar, laundry, store, mudroom and double car
garage. The dwelling is afforded several expansive outdoor private open space areas, a pool and sun
terrace. The proposal also includes a feature entry, two feature gardens and a herb garden. A new
shed is located to the west of the proposed Dwelling House.
The proposal results in a total gross floor area of 370.85m2, and a total site cover is 1%.
The building materials and finishes will include metal roof sheeting, black timber cladding, stria
cladding, pivot screening and feature stone walls. Refer to Figure 3 below for a rear perspective view
of the proposed Dwelling House.
Figure 3: Perspective view of proposed Dwelling House
3.2 ACCESS AND PARKING
The access track to the proposed Dwelling House is already constructed and will be maintained.
Table 9.4.1.4 of the Driveways and Parking code requires two covered spaces for a Dwelling House.
The proposal includes a double garage.
3.3 LANDSCAPING
Established vegetation will be maintained where practical. New landscaping can be provided to
complement the proposed development.
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3.4 INFRASTRUCTURE AND SERVICES
Waste collection will be provided as per previous arrangements.
The site can be connected to electrical and telecommunications. The existing water tank and effluent
disposal area is sufficient to service the proposed development. Please refer to the attached Site
Classification Report prepared by Global Drilling. An approved Advanced Secondary ASTP is to be
installed with a 240m2 Sub-Surface irrigation area located approximately 22m to the north-west of the
proposed Dwelling House.
3.5 BUSHFIRE AND ECOLOGY
A Bushfire Hazard Assessment and Management Plan and Ecological Assessment Report has been
prepared by Greentape Solutions. The proposed development has a building footprint of 863m2. The
bushfire Asset Protection Zone (APZ) has a footprint of 5,823m2, comprising an inner protection area
of 1,905m2, and an outer protection area of 3,918m2. The report confirms that the proposed clearing
achieves the bushfire clearing exemptions under the Planning Regulation 2017. Refer to reports for
further details.
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4.0 STATE PLANNING INTERESTS
The Planning Act 2016 provides the framework and process of planning instruments and processes for
development applications. The following planning instruments have been considered in this application
and are discussed in further detail below in the State Planning Policy (SPP); South East Queensland
(SEQ) Regional Plan; State referral requirements; State development assessment provisions (SDAP);
and Schedules 10 and 11 of the Planning Regulation.
4.1 STATE PLANNING POLICY (SPP)
Part E of the State Planning Policy provides a comprehensive review of the State interests, the related
policies and assessment benchmarks under five broad themes. Section 2.1 of the Noosa Plan 2020
confirms it integrates the provisions of the State Planning Policy into the Planning Scheme. No further
assessment is required.
4.2 REGIONAL PLAN
Section 2.2 of the Noosa Plan 2020 confirms it appropriately advances the SEQ Regional Plan. No
further assessment is required. The subject site is ideally located within the Regional Landscape and
Rural Production Area under the SEQ Regional Plan.
4.3 STATE REFERRAL
Referral to State Assessment Referral Agency (SARA) is not required.
4.4 STATE DEVELOPMENT ASSESSMENT PROVISIONS (SDAP)
State Development Assessment Provisions (SDAP) includes a series of benchmarks in which SARA will
assess an application against. In accordance with section 4.3 above, no referral is required as part of
this application.
4.5 SCHEDULE 10 AND 11 OF THE PLANNING REGULATION
A review of Schedule 10 of the Planning Regulation confirms that the proposed development is not
prohibited development.
A review of Schedule 11 of the Planning Regulation provides assessment benchmarks in relation to
koala habitat in the SEQ Region where for development on premises in a koala priority area not
interfering with koala habitat and for development in an identified koala broad-hectare area. The site
is mapped as containing koala habitat but does not contain broad hectare area, and the assessment
benchmarks are therefore not applicable to this development.
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5.0 PLANNING ASSESSMENT
Under the Noosa Plan 2020, the site is within the Rural Zone. Refer to the zoning map extract below
in Figure 4.
Figure 4: Zone Map Extract (Noosa Council, accessed April 2022)
5.1 PROPOSED USE
Under the Noosa Plan 2020, the proposed development is defined as:
Dwelling house means a residential use of premises involving—
1. one dwelling for a single household and any domestic outbuildings associated with the
dwelling; or
2. one dwelling for a single household, a secondary dwelling and any domestic outbuildings
associated with either dwelling.
Comment: The proposal is considered in accordance with the above definition.
5.2 TABLE OF ASSESSMENT
Under the relevant table of assessment for the Rural Zone, the proposed use is subject to code
assessment. The proposed development is required to be assessed against the following codes:
● Rural Zone Code;
● Low Density Housing Code;
● Works Codes;
● Biodiversity, Waterways and Wetlands Overlay Code;
● Bushfire Hazard Overlay Code.
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The proposal has been assessed against the Acceptable Outcomes and Performance Outcomes of the
above codes and is considered compliant. Where the proposal does not comply with an Acceptable
Outcome, alternative solutions to satisfy the corresponding Performance Outcome have been provided
in section 5.3 below.
5.3 PLANNING SCHEME CODES
A review of the relevant planning scheme codes has been undertaken which confirms the proposed
development complies with most Acceptable Outcomes of the relevant codes. Where the proposal
does not comply with the Acceptable Outcomes of the codes, the below provides alternate solutions to
satisfy the corresponding Performance Outcome.
The assessment of the proposed development against the Noosa Plan 2020 has determined that there
are no planning scheme conflicts.
Refer below alternate solutions adopted for the primary codes applicable to the proposed
development.
5.3.1 RURAL ZONE CODE
The purpose of the Rural zone is to:
(a) provide for rural uses and activities; and
(b) provide for other uses and activities that are compatible with:
1. existing and future rural uses and activities; and
2. the character and environmental features of the zone; and
(c) maintain the capacity of land for rural uses and activities by protecting and managing
significant natural resources and processes.
Comment: The proposal is considered a consistent use within the Rural zone. The proposal is for a
new primary dwelling house, and is located outside of mapped agricultural land areas.
The relevant overall outcomes for the zone are outlined below:
Overall Outcome Comment
(b) The viability of existing and future rural The proposal is for a new primary dwelling
activities is protected from the intrusion of house, and is located outside of mapped
incompatible uses. agricultural land areas.
(c) Areas for primary production are conserved The proposed development is for a new Dwelling
and lot fragmentation is avoided. House. We note that AO1.1 of the Low Density
Housing Code anticipates dwelling houses in the
Rural zone. The site considers the existing
ecological and bushfire constraints, and has
been appropriately sited to avoid such areas.
The balance of the site contains dense
vegetation, which is not currently viable for rural
operations.
(n) Development is reflective of, and sensitively The proposal considers and responds to the
responds to, the environmental constraints of existing site overlays. Specialist reporting has
the land. been undertaken to support the proposed
development.
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An Ecological Assessment Report and Bushfire
Hazard Assessment and Management Plan has
been prepared by Greentape Solutions. The
proposal does not encroach the mapped
ecological constraints, however the Asset
Protection Zone intrudes into the mapped areas.
An Asset Protection Zone (APZ) footprint of
5,823m2 is proposed. The proposal meeting the
clearing exemptions outlined in the Planning
Regulation 2017.
Refer to reports for further details.
(o) Natural features such as creeks, gullies, The Ecological Assessment Report confirms the
waterways, wetlands and vegetated hillslopes proposed location of the development is suitable
and ridgelines are retained, managed and as it minimises the loss of vegetation required.
enhanced where possible.
(p) Development maintains and enhances the The proposal is located at the rear of the site
significant scenic and landscape values of the and will not adversely impact the scenic and
area. The built form of development integrates landscape values of the area. The existing
with and complements the rural character mature vegetation on the site will be retained
intended for the zone and sensitively responds where practical, with the exception of the
to the landscape. necessary APZ.
The proposal has been assessed against the Rural zone code. The following non-compliances are
addressed in the table below.
Performance Outcome Acceptable Outcome Response
PO2 AO2.4 Complies with PO2
Development does not result in No sensitive land use is The surrounding sites are
the loss or diminished established closer than 200 included in the Rural zone and
productive capacity of metres from land on an are mapped as Agricultural
Agricultural Land Conservation adjacent property included in Land Conservation Area. The
Area. the Rural zone and mapped as proposed new Dwelling House
Agricultural Land Conservation is located less than 200m from
Editor’s Note—Agricultural Land Area as shown in Agricultural these common boundaries,
Conservation Areas are shown Land Overlap Maps in schedule however adequate setbacks are
on the Agricultural Land 2. provided to ensure the
Overlay Maps in Schedule 2 productive capacity of
Agricultural Land is not
diminished. The proposal
complements the intent of the
overall zone.
PO8 AO8.5 Complies with PO8
Notwithstanding that intensive On properties over 2 hectares Dwelling houses are anticipated
rural activities may need in area, a distance of not less in the Rural zone, and the
greater separation distances, than 200 metres is provided proposal is considered to be
buildings and other structures between a sensitive land use suitably located to avoid
are appropriately sited and and land on an adjacent rural adverse impacts on existing
designed to: zone property over 4 hectares mapped constraints within an
1. avoid environmental harm in mapped Agricultural Land existing cleared area.
or nuisance to sensitive Conservation Area.
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land uses, including
adverse impacts on
amenity values, over and
above what could
reasonably be expected in
the rural zone;
2. avoid adverse impact on
ecologically important
areas including National
Parks, watercourses, and
wetlands;
3. mitigate risks associated
with the use of chemicals
or air pollutants; and
4. avoid conflict with rural
uses and activities on
adjoining properties.
Editor's note- For uses that are
subject to impact assessment,
required setback and
separation distances will vary
with the scale and type of rural
activity. Relevant factors that
will be taken into account when
determining appropriate
distances include the type and
scale of buildings and
structures proposed, the use of
buildings and structures,
construction methods, level of
containment and ventilation,
potential noise, odour or air
pollutant nuisance, topography,
climatic variables, existing
vegetation between land uses,
and a range of management
practices that can be employed
to mitigate off-site impacts.
Sloping sites and ridgelines AO15.2 Partially complies with
PO15 On sloping sites or on PO15 / OO(p)
The landscape character and ridgelines at the uppermost The proposed new Dwelling
visual amenity quality of hill edge of a hill slope: House is well setback from the
slopes and ridgelines are 1. roof lines are generally main road frontage behind
retained and buildings and parallel with contours of dense vegetation, reducing the
structures: the land; impact of built form when
1. are visually responsive to 2. roofs do not exceed a viewed from the street.
the natural topography of pitch of 15 degrees; and
the site, sitting within the The Elevation/Section Plans
3. buildings do not protrude and 3D imagery provides
landscape rather than
above the height of indicative building materials,
dominating it;
prevailing vegetation. finishes and colours, which are
2. step down slopes or use
suspended floor considered to complement the
Editor's note- refer to Figure natural setting.
construction, minimising 6.9.1A and Figure 6.9.1B. and
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cut and fill and avoiding Figure AP3-3B. Please refer to the Slope
benching of the site; Stability Assessment prepared
3. allow for retention of AO15.3 by Tectonic, which confirms the
natural vegetation that Cut or fill is less than 1.5 proposal results in low risk of
assists in screening or metres in depth relative to instability subject to the
visually softening natural ground surface. recommendations made within
development; and the report.
Editor’s Note— On visually
4. incorporate materials,
prominent hill slopes or
finishes and colours that
ridgelines residential buildings
complement the natural
should be predominantly
setting and integrate with
finished in colours and
the landscape and skyline.
materials that blend well with
the colours and hues of the
surrounding vegetation and
landscape without causing
glare or reflection. Broad
expanses of a single colour are
less desirable and where
possible should be broken up
by other colours or design
elements. Shades in the violet,
blue, green and yellow-green
side of the spectrum, as well as
greys or browns, should be
appropriate with whites or
bright colours restricted to
trimmings.
For agricultural buildings,
colours and textures that blend
with the natural setting are
preferred however if not
practical, buildings should at
least be well maintained and/or
visually screened.
5.3.2 LOW DENSITY HOUSING CODE
The purpose of the Low density housing code is to ensure dwelling houses, community residences,
rooming accommodation and short term accommodation (where no more than one detached dwelling
on the site);
1. are appropriately located;
2. achieve a high level of comfort and amenity for occupants;
3. maintain amenity and privacy of neighbouring residential premises; and
4. are compatible with the character and streetscape of the local area.
Comment: The proposed development seeks to protect the existing environmental and landscape
values by siting the development outside of mapped areas.
The proposal has been assessed against the code and is considered to achieve compliance with the
exception of AO22.1 and AO22.2, which are addressed below.
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Performance Outcome Acceptable Outcome Response
PO22 AO22.1 Complies with PO22
Development maintains the Development, including A Slope Stability Assessment
safety of people, property and associated access, is not has been prepared by Tectonic
hazardous materials stored in located on land identified as a which confirms the proposed
bulk from the risk of landslide. landslide hazard area on a development has Low Risk of
Landslide Hazard Overlay Map. instability. Specific
recommendations for the site
AO22.2 are outlined in section 4.0 of
Development, including the report.
associated access, is located
outside moderate, high and
very high landslide hazard
areas and areas with 15%
slope or greater, as determined
by a site-specific
slope-analysis.
5.3.3 EARTHWORKS CODE
Performance Outcome Acceptable Outcome Response
PO9 AO9 Complies with PO9
On sloping sites development Cut or fill is less than 1.5 Please refer to the Slope
follows the natural landform metres in depth relative to the Stability Assessment prepared
wherever practical and natural ground level. by Tectonic, which confirms the
excavation or filling is minimal. proposal results in low risk of
instability subject to the
recommendations made within
the report.
5.4 PLANNING SCHEME OVERLAYS
Overlay Comment
Agricultural Land
The proposed development is for a new
Dwelling House. AO1.1 of the Low Density
Housing Code anticipates dwelling houses in
the Rural zone. The proposal is sited outside of
mapped Agricultural Land Conservation Areas.
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Biodiversity, Waterways and Wetlands
The site is mapped as containing areas of
ecological significance. In accordance with
Table 5.10.1, an assessment of the
Biodiversity, Waterways and Wetlands overlay
code is required. Table 5 of the Ecological
Assessment Report prepared by Greentape
Solutions provides an assessment against the
overlay code.
Bushfire Hazard
In accordance with Table 5.10.1, an
assessment of the Bushfire Hazard overlay
code is required. Refer to Table 6 of the
Bushfire Hazard Assessment and Management
Plan prepared by Greentape Solutions.
Flood Hazard
In accordance with Table 5.10.1, an
assessment of the Flood Hazard overlay code
is not required as the proposal is for a Dwelling
House.
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Landslide Hazard and Steep Land
In accordance with Table 5.10.1, an
assessment of the Landslide Hazard and Steep
Land overlay code is not required as the
proposal is for a Dwelling House. A
Geotechnical Investigation has been prepared
by Tectonic which confirms the proposed
development has Low Risk of instability subject
to the recommendations in section 4.0 of the
report.
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6.0 SUPPORTING INFORMATION
The following section provides a summary of the supporting information relating to the proposed
development:
Plans for Approval
Plan No. Rev. Plan Title Date
2103 000 E Cover Sheet, prepared by Sarah Waller Architecture March 2022
2103 001 C Location Plan + General Notes, prepared by Sarah Waller June 2022
Architecture
2103 002 C Site Plan, prepared by Sarah Waller Architecture June 2022
2103 110 G Floor Plan, prepared by Sarah Waller Architecture March 2022
2103 112 C Roof Plan, prepared by Sarah Waller Architecture March 2022
2103 201 B Elevations, prepared by Sarah Waller Architecture March 2022
2103 202 C Elevations, prepared by Sarah Waller Architecture March 2022
2103 301 A Sections, prepared by Sarah Waller Architecture March 2022
2103 302 A Sections, prepared by Sarah Waller Architecture March 2022
2103 303 A Sections, prepared by Sarah Waller Architecture March 2022
PR22116_BA A Bushfire Hazard Assessment and Management Plan, prepared 10/05/22
MP by Greentape Solutions
PR22116_EA A Ecological Assessment Report, prepared by Greentape 10/05/22
Solutions
22/237 - Site Classification Report, prepared by Global Drilling 22/06/22
22198-001 1 Slope Stability Assessment, prepared by Tectonic 25/07/22
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7.0 CONCLUSION
This Town Planning Assessment Report has been prepared on behalf of Paul and Janelle Desouza to
support a Development Application for Material Change of Use for a Dwelling House in respect of land
at 178 Davis Road, Cootharaba and legally described as Lot 7 on SP115866.
The site is included under the Noosa Plan 2020 within the Rural zone. Within this zone and local plan
area, the proposed development is a consistent land use, and is subject to a code assessable
application.
The proposal is considered consistent with relevant State planning provisions and demonstrates
compliance with the applicable local planning provisions. Any planning scheme non-compliances have
been satisfactorily discussed and justified in the Planning Assessment section of this report via
suitable alternate solutions in accordance with the higher order Performance Outcomes of the relevant
codes.
Approval of the proposed development is warranted subject to relevant and reasonable conditions.
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